This chapter shall be known and may be cited as the "Honesdale Borough
Fire Prevention and Nuisance Ordinance."
A. Purpose. The purpose of this chapter is to specify measures
which will provide that degree of public safety from fire which can be reasonably
required. This chapter endeavors to avoid requirements which might involve
unreasonable hardships or unnecessary inconvenience or interference with the
normal use and occupancy of a building, but insists upon compliance with a
minimum standard for firesafety necessary in the public interest, even though
a financial hardship may be involved in some individual cases. This includes
prohibiting and removing any nuisance, including but not limited to accumulations
of garbage and rubbish and the storage of abandoned or junked automobiles,
and prohibiting and removing any dangerous structure on public or private
grounds or requiring the removal of any such nuisance or dangerous structure
by the owner or occupier of such grounds, in default of which the borough
may cause the same to be done and collect the cost thereof, together with
a penalty of 10% of such costs, in the manner provided by law for the collection
of municipal claims or by action of assumpsit or may seek relief by bill in
equity.
B. Scope. This chapter deals with standards and procedures
for ensuring that unsafe buildings which would constitute either a nuisance
or a fire hazard are either repaired or demolished.
C. Application. This chapter covers both new and existing
construction.
As used in this chapter, the following terms shall have the meanings
indicated:
BUILDING (STRUCTURE)
A structure enclosed within exterior walls or fire walls, built and
erected and framed of component structural parts, designed for the housing,
shelter, enclosure and support of individuals, animals or property of any
kind.
BUILDING OFFICIAL
The officer or other designated authority charged with administration
and enforcement of this chapter or his or her duly authorized representative.
NUISANCE
A building unfit for human habitation and beyond repair or which
constitutes a fire hazard.
Any person or member of any partnership or corporation who or which
shall violate the provisions of this chapter or shall fail to comply with
any requirement thereof or who or which shall erect, construct, alter, repair
or demolish a building or structure in violation of an approved plan or directive
of the Building Official or of a permit or certification issued under the
provisions of this chapter shall be guilty upon conviction thereof and be
sentenced to pay a fine of not more than $600, plus costs of prosecution,
and, in default of payment of such fine and costs, to imprisonment for not
more than 30 days. Each day that a violation is continued shall constitute
a separate offense.